Zoning laws? If the area isn't zoned for agriculture you might be able to kick the smelly bastards out. Alternatively, price out the cost to install an air filtration system for their grow operation and tell them they can either spend the money buying the air purifier or they can give it to their lawyer when you sue them.

The comments on their website links to a first story about these people complaining. They sound like they are just trying to be assholes, the lady says her face "gets paralyzed", they even complain that the smell makes one of their dogs hack and cough, and another one sneeze a lot.

There should be zoning laws, fire code inspections, electrical inspections, regulations for this in general. Residential areas should not be used to grow marijuana on a scale to sell to dispensaries. Personal use is one thing, enough to make for selling is another.

martissimo:The comments on their website links to a first story about these people complaining. They sound like they are just trying to be assholes, the lady says her face "gets paralyzed", they even complain that the smell makes one of their dogs hack and cough, and another one sneeze a lot.

yeah right

It sounds like second hand exposure might mellow her out.

basemetal:There should be zoning laws, fire code inspections, electrical inspections, regulations for this in general. Residential areas should not be used to grow marijuana on a scale to sell to dispensaries. Personal use is one thing, enough to make for selling is another.

basemetal:There should be zoning laws, fire code inspections, electrical inspections, regulations for this in general. Residential areas should not be used to grow marijuana on a scale to sell to dispensaries. Personal use is one thing, enough to make for selling is another.

True but I'm guessing the zoning for growing things (in general) is pretty lax there. So you can raise vegetables, chickens, goats, etc on your urban farm/homestead. Oh and hops for your homebrew, which you can deliver by the growler on your fixie. Definitely need a lot of hops because you're not very talented at brewing and are going to make an IPA with overpowering hops flavor like everybody else.

Anyway. I don't like pot and don't like the smell. Never been to a grow operation that size, can't say whether the smell would be enough to bother me. Could definitely see how it could be a problem, wouldn't rule it out.

BarkingUnicorn:GAT_00: That seems like, if true, should fall under the same categories that prevent you from making your yard trashy - having chickens, letting your grass grow 2 feet tall, that sort of thing.

Public nuisance? Then gubmint can confiscate your pot and the property on which it's grown.

I would imagine it would be treated the same as any other neighborhood nuisance.

No. We just stop dealing with it at all. Wash our hands of the whole thing.

But it gets you high? What if you're driving or something? DUI already applies to all intoxicants, not just alcohol. Got it covered.

What if my neighbor sets up a full scale growing operation? Zoning laws, got it covered.

What if kids smoke it and get all farked up? Child endangerment laws, got it covered.

What if someone smokes it in public? No smoking laws, got it covered.

There's nothing marijuana does that isn't already legislated, often over legislated. Just let the people smoke their sticky icky. If it was bad for you, Willie Nelson and Snoop Dogg would have been dead in the 80's.

Also:There is a "noisome odors or vapors" ordinance in Chapter 8, Section 36 of Portland City Code. It says "No person shall burn upon any premises or in any street, alley or other place, any animal or vegetable substance which shall create an offensive or noxious odor."

Doesn't really apply, does it now? They're growing the weed, not smoking it.

timujin:Try living next to a chicken farm, then cry to me about fowl smells.

Also:There is a "noisome odors or vapors" ordinance in Chapter 8, Section 36 of Portland City Code. It says "No person shall burn upon any premises or in any street, alley or other place, any animal or vegetable substance which shall create an offensive or noxious odor."

Doesn't really apply, does it now? They're growing the weed, not smoking it.

Or multiple drug dealers (and I suspect meth labs) in my case. At least most pot clients don't break into your car or scream at each other at five in the f*cking morning over a $10 debt.

doglover:What if my neighbor sets up a full scale growing operation? Zoning laws, got it covered.

But here's a case in which it's not covered. Zoning laws need to change. That means adding to them, because all the existing laws are necessary. ;-)

"Child endangerment" is a vague term. I just googled for Oregon laws and couldn't find anything that covers "left pot where kid could get it" or "allowed kid to ingest pot." I read laws about first and second degree child neglect, endangering the welfare of a child, and child physical abuse. The last one is a classic: "any injury to a child that is not accidental." Does MJ cause any injury to children? Oh, now we need a legislative declaration that it does; the law gets bigger.

The problem is that damned Due Process Clause. The very first step in due process is "fair notice of what is prohibited." A reasonable person of ordinary intelligence must be able to determine whether an act is prohibited before he commits it, by reading the law. That's why laws specify so many prohibited items in tedious lists (bong, carburetor, hookah, vaporizer, etc.,with specific defintions). That's why MJ has to be added to existing laws, with specific MJ-related acts that are prohibited.

Would "any substance that is prohibited to persons under the age of 21" work? IDK; be worth a try.

BarkingUnicorn:But here's a case in which it's not covered. Zoning laws need to change.

No, the asshole neighbors need to shut up or move. If you live next to a farm that doesn't have a cow, and they proceed to buy more cows that you've ever seen in your life and all that poo smell rolls over you every day and makes you sick, you have to move because you're the one living in an area that's zoned for it.

The neighbors are allowed to grow pot. You don't like it? Leave. And don't let the metaphorical door hit you on the way out.

doglover:BarkingUnicorn: But here's a case in which it's not covered. Zoning laws need to change.

No, the asshole neighbors need to shut up or move. If you live next to a farm that doesn't have a cow, and they proceed to buy more cows that you've ever seen in your life and all that poo smell rolls over you every day and makes you sick, you have to move because you're the one living in an area that's zoned for it.

The neighbors are allowed to grow pot. You don't like it? Leave. And don't let the metaphorical door hit you on the way out.

Uh-uh. The paramount right in a residential zone - the fundamental reason to have such a zone - is the peaceful enjoyment of your home. The restrictions on noise, smells, and other disturbances that your neighbors can inflict upon you are much tighter than they are in zones that are dedicated to other purposes.

Grow your pot, as long as I don't have to smell it. Of course, I'll have to prove damage if we go to court, but if I do you will stop growing pot, control its smell, or GTFO.

In Schlock Mercenary, the space opera by Howard Taylor, there's one societal advancement I've always approved of: the mercenaries have a standing contract to destroy any attorney drones they encounter on sight. It's fiction, and drones are robots not beings, but the next step in societal evolution can only come when we abandon they failures of the past. Anyone who's lived in America for any length of time in the past 50 years can attest to the fact lawyers are the primary source of most problems.

BarkingUnicorn:Uh-uh. The paramount right in a residential zone - the fundamental reason to have such a zone - is the peaceful enjoyment of your home. The restrictions on noise, smells, and other disturbances that your neighbors can inflict upon you are much tighter than they are in zones that are dedicated to other purposes.

Grow your pot, as long as I don't have to smell it. Of course, I'll have to prove damage if we go to court, but if I do you will stop growing pot, control its smell, or GTFO.

Let's say you can't stand the smell of pine trees, hell maybe you're even allergic to them. Do you think you can tell neighbors they need to cut em down?

There have been court cases over that very thing where allergic people were told to stuff it with their lawsuit

martissimo:BarkingUnicorn: Uh-uh. The paramount right in a residential zone - the fundamental reason to have such a zone - is the peaceful enjoyment of your home. The restrictions on noise, smells, and other disturbances that your neighbors can inflict upon you are much tighter than they are in zones that are dedicated to other purposes.

Grow your pot, as long as I don't have to smell it. Of course, I'll have to prove damage if we go to court, but if I do you will stop growing pot, control its smell, or GTFO.

Let's say you can't stand the smell of pine trees, hell maybe you're even allergic to them. Do you think you can tell neighbors they need to cut em down?

There have been court cases over that very thing where allergic people were told to stuff it with their lawsuit

Might turn out that way here. But each case is decided on its own merits. There is no SCOTUS decision saying, "Suck it, allergy sufferers." Ours is a system of checks and balances.

When can I get rid of the curry-loving hipsters next door? Artisan curry with frufru ingredients means hours of FARKING STENCH. I mean, they're not doing anything illegal, but neither are the people in TFA, so...if they can make other people modify their behavior based on their preferences, so can I.

untaken_name:When can I get rid of the curry-loving hipsters next door? Artisan curry with frufru ingredients means hours of FARKING STENCH. I mean, they're not doing anything illegal, but neither are the people in TFA, so...if they can make other people modify their behavior based on their preferences, so can I.

doglover:No, the asshole neighbors need to shut up or move. If you live next to a farm that doesn't have a cow, and they proceed to buy more cows that you've ever seen in your life and all that poo smell rolls over you every day and makes you sick, you have to move because you're the one living in an area that's zoned for it.

Yet the same kind of assholes have shut down race tracks in areas that were formerly rural.

swingbozo:I'm allergic to grass. I DEMAND ALL OF MY NEIGHBORS REMOVE THEIR ALLERGEN PRODUCING LAWNS!

If enough of your neighbors join you in that complaint, your demand will be met. Zoning boards are unlike courts in that the former routinely listen to the people. You just have to show up with enough people. If a zoning board can accommodate the majority's wishes within the zoning law, it generally will. If laws need to be changed, you go to the lawmakers.

doglover:BarkingUnicorn: But here's a case in which it's not covered. Zoning laws need to change.

No, the asshole neighbors need to shut up or move. If you live next to a farm that doesn't have a cow, and they proceed to buy more cows that you've ever seen in your life and all that poo smell rolls over you every day and makes you sick, you have to move because you're the one living in an area that's zoned for it.

The neighbors are allowed to grow pot. You don't like it? Leave. And don't let the metaphorical door hit you on the way out.

If your city zoning laws and/or HOA didn't specifically exclude chickens, and your neighbors started a small chicken farm, would you be taking your own advice, or would you want to close that obvious loophole?

As for your specific example, I have seen the HOA of a new development sue a nearby farm because they didn't realize that real farms don't smell as good as "country fresh scent" Downy. They lost, but the case went on far longer than I wold have liked, and the verdict was based on whether the farmer should be responsible for moving the barn and manure pond to another part of the farm, not "it's zoned as a farm so cows are allowed".

I worked for a roofing manufacturer years ago. They had a plant that refined the oil and it did smell awful. Someone built a tennis club and then some upscale housing near there. Then the complaints started coming in about the smell. They brought a little device in one day that was a werid looking little fan and plugged it in. It somehow perfumed the air and you could amazingly no longer smell the stench of the asphalt. Perhaps something like this.